[CLBS] Fighting Stay relief motion by hospital seeking medical lien for indigency

[Michael Jacques]

I have done the research and understand once a lien is put in place it attaches to all real and personal property and stays in effect and can't be removed by Bk procedure as it is a statutory lien.

My client filed Chapter 7 before the board of commissioners granted the hospital's (Saint Alphonsus) application for medical assistance.  In fact, based upon the motion, I believe the hospital was initially denied its application.  The hospital has now filed a motion for stay relief so it can appeal the decision of the board of commissioners in order secure funding, which of course, puts the indigency lien on my clients real and personal property.

Has anybody fought this issue?  Any advice as to how to defeat their motion for stay relief under 11 USC Sec. 362?  

Any help is appreciated.


Michael Jacques
JACQUES LAW
Office: (208) 344-2224
Fax: (208) 287-4300
 
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